Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 15, 2023

S. 112

Introduced by Senators Allen, Hembree and Shealy

 

S. Printed 03/15/23--S.

Read the first time January 10, 2023

 

________

 

The committee on Senate Judiciary

To who was referred a Bill (S. 112) to amend the South Carolina Code of Laws by amending Section 34-11-90, relating to jurisdiction for offenses involving checks and penalties, so as to provide a method, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 34-11-90(f) and inserting:

    (f) notwithstanding another provision of law, if a defendant receives multiple convictions within a three year period of time in magistrates court for a violation of this section, the defendant may, after ten years from the date of the last conviction, apply or cause someone acting on his behalf to apply, to the court for an order expunging the records of arrest and the multiple convictions. This provision does not apply to any crime classified as a felony. If the defendant receives no other convictions during the ten year period following the last conviction under this section and full restitution has been made on all checks that are the subject of the convictions, the court must issue an order expunging the records. No person may take advantage of the rights permitted by this subsection more than once. Neither the application for nor successful expungement of a qualifying applicant's record as authorized by subsection (e) precludes application for and expungement of a qualifying applicant's record under this subsection. After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of its expungement to ensure that no person takes advantage of the rights permitted by this subsection more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need this information in order to prevent the rights afforded by this subsection from being taken advantage of more than once.

Renumber sections to conform.

Amend title to conform.

 

LUKE RANKIN for Committee.

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill allows for the expungement of multiple misdemeanor offenses for the drawing and utterance of fraudulent checks or bank drafts over a three-year period, provided that ten years have elapsed since the date of the defendant's last conviction.  Currently, only the first offense for check or bank draft fraud may be expunged.  Solicitors' offices handle all expungements, except for non-convictions in magistrate or municipal courts.

 

Judicial.  Judicial indicates that there are no data to estimate the number of applications for expungement that may be heard by solicitors' offices or magistrate or municipal courts in FY 2023-24.  However, in CY 2022, the total number of overall case filings for fraudulent check or bank draft offenses were as follows:

 

Criminal Data Report (CDR) Code Statute Description

Total Filings

CY 2022

 

CDR Code              Statute Description                                                                                                         Total Filings

                                                                                                                                                                             CY 2022

446                         Checks / Fraudulent check, or stop payment, > $1000.00 - 2nd or sub.                                          8

670                         Checks / Fraudulent check, or stop payment, $500 or less - 1st offense                                        19

671                         Checks / Fraudulent check, or stop payment, $500 or less - 2nd or sub offense                             2

800                         Checks / Fraudulent check, or stop payment, > $1000.00 - 1st offense                                       122

2429                       Banking / Violation of Bank Deposits chapter value $500 - $1000 - 1st offense                            0

2430                       Banking / Violation of Bank Deposits chapter value $500 - $1000 - 2nd or sub offense                0

2431                       Banking / Violation of Bank Deposits chapter value $500 or less- 1st offense                               1

2432                       Banking / Violation of Bank Deposits chapter value $500 or less - 2nd or sub offense                  0

2883                       Checks / Fraudulent checks or stop payment > $500 < $1000, 1st offense                                   10

2884                       Checks / Fraudulent checks or stop payment > $500 < $1000, 2nd or sub. Offense                       1

3179                       Banking / Violation or Bank Deposits chapter value >$1000 - $5000 - 1st offense                        1

3180                       Banking / Violation or Bank Deposits chapter value >$1000 - $5000 - 2nd or sub offense           1

3386                       Checks / Fraudulent use of checks, or stop payment, more than $5,000 - 1st offense                   25

3387                       Checks / Fraudulent use of checks, or stop payment, more than $5,000 - 2nd offense                   0

 

Judicial will provide support to local jurisdictions for the implementation of this expungement process, including updating forms and offering training as needed.  Judicial anticipates being able to manage these additional responsibilities within the normal course of business.  Therefore, the bill will have no expenditure impact for Judicial.

 

Commission on Prosecution Coordination.  Implementation of this bill may result in an increase in the number of expungements requests handled by the solicitors' offices.  The commission anticipates it can manage any increase in expungement applications using existing staff and appropriations.  As a result, implementation of the bill will have no expenditure impact on the commission.

 

State Revenue

Implementation of the bill may result in more expungements being handled by solicitors' offices, which may increase the amount of fees collected.  Fees required for an expungement request through the solicitor's office consist of a $250 administrative fee paid to the local solicitor, as well as a $25 fee paid to SLED.  However, as there are no data to estimate the number of expungement requests that may be submitted in FY 2023-24, the amount of General Funds and Other Funds revenue that may be generated for Judicial or SLED as a result of implementation of the bill is undetermined.

 

Local Expenditure

Implementation of the bill may result in more expungements being handled by magistrate and municipal courts.  RFA contacted local governments to solicit feedback on the provisions of the bill and received a response from Cherokee County, which indicated that implementation of the bill will result in a $2,000 expenditure impact for additional postage required for the processing of additional expungement requests.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

________

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 34-11-90, RELATING TO JURISDICTION FOR OFFENSES INVOLVING CHECKS AND PENALTIES, SO AS TO PROVIDE A METHOD TO EXPUNGE CONVICTIONS; AND TO AMEND SECTION 17-22-910, AS AMENDED, RELATING TO APPLICATIONS FOR EXPUNGEMENT, SO AS TO ADD MULTIPLE MISDEMEANOR OFFENSES OF CHECK FRAUD TO THOSE OFFENSES ELIGIBLE FOR EXPUNGEMENT.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Section 34-11-90 of the S.C. Code is amended by adding

 

    (f) notwithstanding another provision of law, if a defendant receives multiple convictions within a three year period of time in magistrates court for a violation of this section, the defendant may, after ten years from the date of the last conviction, apply or cause someone acting on his behalf to apply, to the court for an order expunging the records of arrest and the multiple convictions. This provision does not apply to any crime classified as a felony. If the defendant receives no other convictions during the ten year period following the last conviction under this section, the court must issue an order expunging the records. No person may take advantage of the rights permitted by this subsection more than once.

 

SECTION 2.  Section 17-22-910(A)(1) of the 1976 Code is amended to read:

 

    (1) Section 34-11-90(e), first offense misdemeanor fraudulent check or Section 34-11-90(f), multiple misdemeanor offenses of fraudulent check;

 

SECTION 3.  This act takes effect upon approval by the Governor.

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